JOURNAL ARTICLE

Arbitrability of cryptocurrency disputes in India.

  • Published In: Arbitration International, 2024, v. 40, n. 4. P. 513 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: Nema, Purvi 3 of 3

Abstract

The article focuses on the arbitrability of cryptocurrency-related disputes in India, particularly those involving payment and security tokens, within the framework of Indian law and the Arbitration and Conciliation Act of 1996. It outlines the complex legal status of cryptocurrencies in India, highlighting regulatory ambiguity and the challenges in classifying cryptocurrencies as currency, securities, or assets. The discussion addresses various types of crypto disputes—including contractual breaches, financial fraud, and regulatory violations—and examines how Indian courts have approached arbitrability, especially considering public policy and subject matter restrictions. While some cryptocurrency disputes, such as contractual issues and certain fraud claims, may be arbitrable, others involving public interest, money laundering, or regulatory prohibitions are likely non-arbitrable. The article concludes that the future of arbitration in crypto disputes in India largely depends on evolving regulatory clarity and government policy.

Additional Information

  • Source:Arbitration International. 2024/12, Vol. 40, Issue 4, p513
  • Document Type:Article
  • Subject Area:Technology
  • Publication Date:2024
  • ISSN:0957-0411
  • DOI:10.1093/arbint/aiae024
  • Accession Number:181971381
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